Tozzi argues the rule violates the Data Quality Act by proposing to use carbon capture technology as the standard for emissions reduction because it is not commercially available. The act requires regulatory agencies to follow strict guidelines in making scientific and technological assessments, especially if used as the basis of regulation.

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In correspondence he shared with the Washington Examiner, EPA officials argue that the rule was based on sound science, and it intends to show its legal basis once the regulation is made final.